A Guide to Disability Rights Laws

This guide provides an overview of ten federal civil rights laws that ensure equal opportunity for people with disabilities. To find out more about how these laws may apply to you, contact the agencies and organizations listed.

Employment

Federal employment is covered by Section 501 of the Rehabilitation Act and Title I of the Americans with Disabilities Act.

The statutes enforced by EEOC make it illegal to discriminate against federal sector employees or applicants for employment on the bases of race, color, religion, sex, national origin, disability, or age. A person who files a complaint or participates in an investigation
of an EEO complaint, or who opposes an employment practice made illegal under any of the statutes enforced by EEOC, is protected from retaliation.

State/Local government employment is covered by Section 504 of the Rehabilitation Act and Title I of the
Americans with Disabilities Act.

Private sector employment is covered by Title I of the Americans with Disabilities Act. Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures,
hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act,
as amended, and its implementing rules.

Section 504 of the Rehabilitation Act of 1973 provides
that "No otherwise qualified individual with a disability in the United States shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance……"

Reasonable Accommodation

Title I of the Americans with Disabilities Act (ADA) requires an employer with 15 or more employees to provide reasonable accommodation for individuals with disabilities, unless it would cause undue hardship. A reasonable accommodation is any change in the work environment or in the way a job is performed that enables a person with
a disability to enjoy equal employment opportunities. There are three categories of "reasonable accommodations": (a) changes to a job application process ; (b) changes to the work environment, or to the way a job is usually done ;(c) changes that enable an employee with a disability to enjoy equal benefits and privileges of employment (such
as access to training).

Education

Public elementary and secondary education systems and institutions are covered by the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973.

The Individuals with Disabilities Education Act Amendments of 1997 was enacted on a strong bipartisan basis. IDEA ’97 focuses on teaching and
learning, and established high expectations for disabled children to achieve real educational results. The focus of IDEA changed from one that merely provided disabled children access to an education to one that improves results for all children in our education system. IDEA ‘97 strengthened the role of parents in educational planning and decision making on behalf of their children. The law also reduces the burden of unnecessary paperwork for teachers and school administrators. IDEA was reauthorized in 2004.

State and Local
Government Miscellaneous Services (see Employment, Education, Transportation, and Housing); Access to Places of Public Accommodation

State and local government miscellaneous services are covered by Title II of the Americans with Disabilities Act.

Generally speaking, under Title II of the ADA individuals who are blind, deaf-blind, or visually impaired may not be denied full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations provided by a state or local government or place of public accommodation. In other words, entities such as hospitals, nursing homes, hotels, government agencies, retail establishments, restaurants, hotels, day-care centers, and professional offices of health care providers must ensure that persons who are blind, deaf-blind, or visually impaired have an equal opportunity to
participate in and benefit from all of the goods and services provided by such entities. This may mean, depending on the circumstances, that policies or procedures must be modified, discriminatory eligibility criteria eliminated, auxiliary aids and services provided, or
structural communication barriers removed in existing facilities. For example, structural communication barriers may be eliminated by using tactile and contrasting signage. Barriers to the acquisition of information may be eliminated through the provision of auxiliary aids
and services. Auxiliary aids and services that may be provided include, but are not limited to, readers, taped texts, braille materials, and acquisition or modification of equipment.

Places of public accommodation are covered by Title III of the Americans with Disabilities Act.

Title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181), prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in
compliance with the established accessibility standards.

ADAAG (Americans with
Disabilities Accessibility Guidelines)

Making facilities accessible (e.g., braille signage) is covered by the Americans with Disabilities Act Accessibility Guidelines (ADAAG). ADAAG sets requirements for accessibility to buildings and facilities by
individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. ADAAG contains requirements for accessibility features such as detectable warnings, braille and large print signage, and accessible elevator controls.

Section 255: Telecommunications

Congress amended U.S. telecommunications law in 1996 to require telephones and telephone services to be more accessible. They enacted Section 255 to ensure that new telephones would be designed for use by people with disabilities—including people who are blind or visually impaired. Section 255 applies to all telephone equipment and services—at home, at work, and on the go. The Internet and electronic mail are not currently covered under Section 255.

Although not every product will have all the same access features, Section 255 requires companies to do all that is "readily achievable"—that is, do what they can without much difficulty or expense—to make each product or service accessible. As phones become
more complex, Section 255 ensures that you should be able to use your cordless, wireless, business or traditional telephone to manage telephone calls just like sighted users can.

You should be able to make and receive calls and you should also be able to make use of other features commonly found on today's telephones such as call forwarding, caller identification, and three-way calling. You should be able to place calls on hold and retrieve them, set up
speed dial and otherwise use telephone features to make and handle calls. . . and do it independently.

Section 508: Access to Information

Access to electronic information technology is covered by Sec. 508 of the Rehabilitation Act of 1973. In 1998, Congress amended the Rehabilitation Act to require Federal agencies to make their electronic and information technology accessible to people with disabilities.
Inaccessible technology interferes with an individual's ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, to make available new
opportunities for people with disabilities, and to encourage
development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain,
or use electronic and information technology. Under Section 508 (29 U.S.C. ‘ 794d), agencies must give disabled employees and members of the public access to information that is comparable to the access available to others.

For information:

The Federal
Information Technology Accessibility Initiative is a Federal government interagency effort to offer information and technical assistance to assist in the successful implementation of Section 508. www.section508.gov/
E-mail: section.508@gsa.gov

Transportation

Public transportation and paratransit are covered by Title II of the Americans with Disabilities Act.

Private transportation (e.g., hotel shuttles and over-the-road buses) are covered by Title III of the
Americans with Disabilities Act.

Complaints received about the design of or
accessibility related to traffic lights, curb cuts, median strips, ramps, sidewalks, pedestrian crosswalks, interstate and highway restroom facilities, parking spaces, parking lots, and any other highway-related facility are Federal Highway Administration's (FHWA) responsibility. The agency reviews and investigates the complaints and
works with the involved state or local organization to resolve the situation.

The Federal Transit
Administration (FTA) has perhaps the biggest responsibility under the law because public transit is used by millions every day to get to and from work, shopping, and recreation. ADA requires that all current and
future fixed rail and bus systems across the country be fully accessible; it also requires that supplemental paratransit service be provided -- that is, demand-responsive service for people who cannot
access fixed-route service. FTA is in charge of reviewing local transit organizations' plans for meeting this mandate.

The Office of the Secretary, Consumer Affairs Division, ensures access to airports and airlines by people with disabilities. This assurance is provided under the Air Carrier Access Act of 1986, which predates ADA
but has the same intent. The division monitors airlines' compliance with the act, and it receives and investigates any complaints about
access from the public.

In general, air travel raises relatively few accessibility concerns. Airlines are required to accommodate guide animals (e.g., seeing eye dogs) in the passenger cabin whenever possible; they are also required to inform people with hearing impairments about gate and other travel changes. Flight safety information is conveyed in alternative formats for those with hearing and vision impairments.

Housing

Public housing is covered by Title II of the Americans with Disabilities Act.

Title II covers all programs and services and regulatory activities relating to state and local public housing, and housing assistance and referral. State and local governments: may not refuse to allow a person with a disability to participate in a service, program, or activity because the person has a disability; must eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy their services, programs or activities unless they are "necessary" for the provision of the service, program or activity; must not set requirements that tend to screen out individuals with disabilities; are required to make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration in the program would result.

The Fair Housing Act, as amended in 1988, prohibits housing
discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State
and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual
associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.

The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.

Legal Advice

PILCOP focuses their efforts in the areas of the delivery of health care services to children, education funding and quality, the rights of persons with disabilities, environmental health and justice, fair housing, equal employment discrimination and urban policing.

The mission of the Disability Rights Legal Center is to promote the rights of people with disabilities and the public interest in and awareness of those rights by providing legal and related services. They accomplish this mission through our Civil Rights Litigation Project, Disability Mediation Center, Learning Rights Project, Cancer Legal Resource Center, and Education and Outreach Program.

Disability Rights Advocates is a national and international non-profit organization dedicated to protecting and advancing the civil rights of people with disabilities. Operated by and established for people with disabilities, DRA pursues its mission through research, education, and legal advocacy. DRA's mission is to ensure dignity, equality, and opportunity for people with all types of disabilities throughout the United States and worldwide.

Founded in 1979 by people with disabilities and parents of children with disabilities, the Disability Rights Education and Defense Fund, Inc. (DREDF) is a national law and policy center dedicated to protecting and advancing the civil rights of people with disabilities through legislation, litigation, advocacy, technical assistance, and education and training of attorneys, advocates, persons with disabilities, and parents of children with disabilities.

For the current tax
year's issue, go to www.irs.ustreas.gov/
and search for Publication 907 in the Search Forms and Publications search
box.

DisabilityInfo.gov is a comprehensive online resource designed to provide people with disabilities with the information they need to know quickly and easily. With just a few clicks, the site provides access to disability-related information and programs available across the
government on numerous subjects, including civil rights, education, employment, housing, health, income support, technology, transportation, and community life.

USA.gov (formerly FirstGov.gov), the official U.S. gateway to all government information, is the catalyst for a growing electronic government. Our work transcends the traditional boundaries of government and our vision is global connecting the world to all U.S. government information and services.www.USA.gov/

Federal Citizens Information Center
Have a question about Federal programs, benefits, or services? Each year, FCIC staff handles millions of calls from citizens who are trying to find that elusive answer to their question. Just e-mail FirstGov.gov (http://firstgov.gov/feedback/FeedbackForm.jsp) or call 1-800-333-4636. They have gathered information and resources to help you get the right answer.

Thomas (Library of Congress)
Check on status of legislation; get copies of bills and reports http://thomas.loc.gov/